Cml106306

Hello all,

This is about my wife's H-4 visa. Back in 2000, I was with consulting
firm X, who sponsored my first H1-B visa. We went back to our home
country and obtained my wife's H-4 there. Upon returning to the U.S.,
I transferred to consulting firm Y, who sponsored a new H1-B visa for
me. About 4 months ago, the law firm whose services are currently
being retained by consulting firm Y filed for my H1-B extension, and
it was only then that we found out that consulting firm Y had not
previously filed for my wife's H-4 at the same time they applied for
my initial H1-B with them. So the law firm submitted a retroactive
application for my wife's H-4, which was denied, although my H1-B
extension was approved. The USCIS said that my wife was out of status
for more than 12 months, which is why they denied the application, and
now my wife is subject to a 10-year bar from entering the U.S. I
believe that most of the blame falls on consulting firm Y, since they
have always known about my marital status (during my first year with
them, they were paying for my wife's medical and dental), and that I
had always made all of the relevant information available to them. My
only mistake was not verifying whether the initial application for my
wife's H4 was filed or not. We have a 16-month old daughter who was
born here in the U.S.

Can anyone give some advice on the proper course of action, or even
suggest a good immigration lawyer? Thanks in advance for your help.

Mrtravelkay

cml106306 wrote:

    > Hello all,
    >
    > This is about my wife's H-4 visa. Back in 2000, I was with consulting
    > firm X, who sponsored my first H1-B visa. We went back to our home
    > country and obtained my wife's H-4 there. Upon returning to the U.S.,
    > I transferred to consulting firm Y, who sponsored a new H1-B visa for
    > me. About 4 months ago, the law firm whose services are currently
    > being retained by consulting firm Y filed for my H1-B extension, and
    > it was only then that we found out that consulting firm Y had not
    > previously filed for my wife's H-4 at the same time they applied for
    > my initial H1-B with them. So the law firm submitted a retroactive
    > application for my wife's H-4, which was denied, although my H1-B
    > extension was approved. The USCIS said that my wife was out of status
    > for more than 12 months, which is why they denied the application, and
    > now my wife is subject to a 10-year bar from entering the U.S. I
    > believe that most of the blame falls on consulting firm Y, since they
    > have always known about my marital status (during my first year with
    > them, they were paying for my wife's medical and dental), and that I
    > had always made all of the relevant information available to them. My
    > only mistake was not verifying whether the initial application for my
    > wife's H4 was filed or not. We have a 16-month old daughter who was
    > born here in the U.S.
    >
    > Can anyone give some advice on the proper course of action, or even
    > suggest a good immigration lawyer? Thanks in advance for your help.

A good immigration lawyer is needed. I am sure USCIS will say the
ultimate fault lies with the H-4 beneficiary, not with the consulting
firm.

crg

The violation happened. The USCIS is obligated to enforce the ban no matter whose fault it was.

She can file for a waiver of the 10 year ban along with a new visa application. A lawyer can help with preparation of the waiver application, but they aren't going to just make this problem go away for you. They can't just call a friend at USCIS and fix it.

Good luck.

Amanda

crg14624 <member20421@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by Cml106306
    > > Hello all,
    > >
    > > This is
    > about my wife's H-4 visa. Back in 2000, I was with consulting
    > > firm X,
    > who sponsored my first H1-B visa. We went back to our home
    > > country
    > and obtained my wife's H-4 there. Upon returning to the U.S.,
    > > I
    > transferred to consulting firm Y, who sponsored a new H1-B visa for
    > >
    > me. About 4 months ago, the law firm whose services are currently
    > >
    > being retained by consulting firm Y filed for my H1-B extension, and
    > >
    > it was only then that we found out that consulting firm Y had not
    > >
    > previously filed for my wife's H-4 at the same time they applied for
    > >
    > my initial H1-B with them. So the law firm submitted a retroactive
    > >
    > application for my wife's H-4, which was denied, although my H1-B
    > >
    > extension was approved. The USCIS said that my wife was out of status
    > >
    > for more than 12 months, which is why they denied the application, and
    > >
    > now my wife is subject to a 10-year bar from entering the U.S. I
    > >
    > believe that most of the blame falls on consulting firm Y, since they
    > >
    > have always known about my marital status (during my first year with
    > >
    > them, they were paying for my wife's medical and dental), and that I
    > >
    > had always made all of the relevant information available to them. My
    > >
    > only mistake was not verifying whether the initial application for my
    > >
    > wife's H4 was filed or not. We have a 16-month old daughter who was
    > >
    > born here in the U.S.
    > >
    > > Can anyone give some advice on the proper
    > course of action, or even
    > > suggest a good immigration lawyer? Thanks
    > in advance for your help.
    >
    > The violation happened. The USCIS
    > is obligated to enforce the ban no matter whose fault it was.
    >
    > She can
    > file for a waiver of the 10 year ban along with a new visa application.
    > A lawyer can help with preparation of the waiver application, but they
    > aren't going to just make this problem go away for you. They can't just
    > call a friend at USCIS and fix it.
    >
    > Good luck.


Sounds like it will cost him some money. Hope his work will help foot the bill.